Broker Referral Agreement for Malta
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Broker Referral Agreement
"I need a Broker Referral Agreement for my Malta-based financial services firm to establish a referral network with insurance brokers across the EU, including a tiered commission structure and compliance with MFSA requirements, to be implemented by March 2025."
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1. Parties: Identification of the referring broker and the receiving party, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, business relationship, and purpose of the referral arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of referral services, including what constitutes a qualified referral
5. Referral Process: Step-by-step process for making and accepting referrals, including any documentation requirements
6. Compensation and Payment Terms: Structure of referral fees, payment calculations, timing, and payment methods
7. Obligations of the Parties: Specific duties and responsibilities of both the referring broker and receiving party
8. Compliance Requirements: Regulatory compliance obligations, including licensing, permits, and regulatory approvals
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling requirements
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Representations and Warranties: Standard and specific warranties from both parties
13. Limitation of Liability: Limitations on liability and indemnification provisions
14. General Provisions: Standard boilerplate clauses including notices, assignments, amendments, and governing law
1. Non-Compete: Restrictions on competitive activities, used when parties want to prevent competition in specific markets
2. Training and Support: Details of any training or support provided by either party, included when there's a significant operational component
3. Marketing and Branding: Guidelines for using each party's branding and marketing materials, included when joint marketing is contemplated
4. Service Levels: Specific performance metrics and standards, used in more sophisticated referral arrangements
5. Dispute Resolution: Specific dispute resolution procedures, included when parties want alternative dispute resolution mechanisms
6. Insurance Requirements: Specific insurance coverage requirements, included for high-value or high-risk referral arrangements
7. Audit Rights: Rights to audit referral records and payments, included in complex or high-value arrangements
1. Schedule 1 - Referral Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods
2. Schedule 2 - Referral Process Flow: Detailed workflow and procedures for making and processing referrals
3. Schedule 3 - Compliance Requirements: Specific regulatory requirements and compliance procedures
4. Schedule 4 - Reporting Templates: Standard forms and templates for referral reporting and tracking
5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing materials and usage guidelines
6. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
7. Appendix B - Contact Details: Key contact information for both parties and escalation procedures
Authors
Applicable Law
Business Day
Commission
Confidential Information
Data Protection Laws
Effective Date
Eligible Referral
Force Majeure Event
Initial Term
Intellectual Property Rights
Malta
MFSA
Personal Data
Qualified Lead
Referral
Referral Fee
Referral Notice
Referral Period
Referring Party
Regulated Activities
Relevant Authority
Receiving Party
Services
Successful Referral
Territory
Term
Termination Date
Tracking Period
Transaction
Working Hours
Client
Broker Services
Commencement Date
Competition Laws
Compliance Requirements
Due Diligence
EU
GDPR
Group Company
Insolvency Event
Marketing Materials
Material Breach
Minimum Commitment
Notice
Payment Date
Performance Report
Professional Standards
Regulatory Approvals
Renewal Period
Representatives
Service Levels
Supplementary Agreement
Target Market
Appointment
Exclusivity
Services
Referral Process
Commission
Payment Terms
Compliance
Regulatory Requirements
Data Protection
Confidentiality
Non-Compete
Non-Solicitation
Intellectual Property
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Duration
Termination
Notice
Assignment
Amendments
Waiver
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Anti-Money Laundering
Record Keeping
Audit Rights
Marketing and Promotion
Service Levels
Training
Reporting
Performance Standards
Insurance
Business Continuity
Subcontracting
Third Party Rights
Financial Services
Banking
Insurance
Real Estate
Investment Services
Corporate Services
Wealth Management
Commercial Property
Professional Services
Legal Services
Fund Management
Trading Services
Legal
Compliance
Business Development
Finance
Operations
Risk Management
Commercial
Sales
Partnerships
Regulatory Affairs
Account Management
Compliance Officer
Legal Counsel
Business Development Manager
Financial Services Director
Broker Relations Manager
Partnership Manager
Risk Manager
Operations Director
Commercial Director
Chief Financial Officer
Regulatory Affairs Manager
Sales Director
Account Manager
Managing Director
Chief Executive Officer
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